Page:United States Statutes at Large Volume 91.djvu/1318

 91 STAT. 1284

PUBLIC LAW 95-163—NOV. 9, 1977 ' * ^

49 USC 1302.

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"GENERAL FACTORS FOR CONSIDERATION".

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(b) Section 102 of such Aot is amended— (1) by striking out "In the exercise and performance of its i' powers and duties under this Act," and inserting in lieu thereof "(a) In the exercise and performance of its powers and duties under this Act,"; (2) by redesignating existing clauses (a) through (f) as (1) through (6), respectively; and (3) by adding at the end thereof the following new subsection: "FACTORS FOR ALL-CARGO AIR SERVICE

49 USC 1301 note-

"(b) In addition to the declaration of policy set forth in subsection (a) of this section, the Board, in the exercise and performance of its powers and duties under this Act with respect to all-cargo air service shall consider the following, among other things, as being in the public interest: "(1) The encouragement and development of an expedited all-cargo air service system, provided by private enterprise, responsive to (A) the present and future needs of shippers, (B) the commerce of the United States, and (C) the national defense. 1 "(2) The encouragement and development of an integrated transportation system relying upon competitive market forces to determine the extent, variety, quality, and price of such services. t "(3) The provision of services without unjust discriminations, undue preferences or advantages, unfair or deceptive practices, or predatory pricing.". (c) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the center heading ,..

"TITLE I—^GENERAL PROVISIONS"

is amended by striking out "Sec. 102. Declaration of Policy: The Board." and inserting in lieu thereof "Sec. 102. Declaration of Policy: The Board. " (a) General factors for consideration. "(b) Factors for all-cargo air service.".

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SEC. 17. (a) Title IV of the Federal Aviation Act of 1958 (49 U.S.C. 1371 et seq.) is amended by adding at the end therof the following new section: .

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"CERTIFICATE FOR ALL-CARGO A I R SERVICE

' ' '- • (APPLICATION 49 USC 1388. "SEC. 418. (a)(1) Any citizen of the United States who has a valid 49 USC 1371. certificate issued under section 401(d)(1) of this title and who provided scheduled all-cargo air service at any time during the period from January 1, 1977, through the date of enactment of this section may, during the forty-five-day period which begins on the date of enactment of this section, submit an application to the Board for a certificate under this section to provide all-cargo air service. Such application shall contain such information and be in such form as the ..... = '. Board shall by regulation require. . "(2) Any citizen of the United States who (A) operates pursuant 49 USC 1386. to an exemption granted by the Board under section 416 of this title,

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